Towson, MD asked in Estate Planning and Elder Law for Maryland

Q: Am I legally able to make a claim against my mother's estate for caregiver services

rendered solely by me that was necessary for 'at home hospice care' the last 6 months of her life with verified and supported documentation?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Without proof of an agreement/contract for compensation as a caregiver, Maryland law treats all services such as these provided to a family member as having been natural gifts of familial love and caring, without any right of reimbursement for your labor or time. If you were required to expend your own money to cover the cost of necessary medication, medical services from an outside provider, or the like, then you could potentially make a claim for reimbursement of such reasonable and necessary out of pocket costs; however, a court will treat other personal purchases, like her favorite food items, reading material, flowers, etc., as gifts from you with no right of reimbursement.

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